How Appealing



Tuesday, July 28, 2009

“Knowing the meaning of the Second Amendment right and having identified its individual nature, the issue becomes what limits the government may place on the right. Indeed, this is where the Second Amendment rubber meets the road.” In an interesting concurring opinion issued today, Tenth Circuit Judge Timothy M. Tymkovich questions whether “the broad scope of 18 U.S.C. sec. 922(g)(1)–which permanently disqualifies all felons from possessing firearms–would conflict with the ‘core’ self-defense right embodied in the Second Amendment.” Judge Tymkovich’s concurrence goes on to observe that “Non-violent felons, for example, certainly have the same right to self-defense in their homes as non-felons.”

Posted at 11:40 PM by Howard Bashman



“Senate Panel Endorses Sotomayor”: Neil A. Lewis will have this article Wednesday in The New York Times. And today’s newspaper contains an article headlined “2 Republicans Announce Plans to Vote Against Sotomayor.”

In Wednesday’s edition of The Washington Post, Amy Goldstein and Robert Barnes will have an article headlined “Senate Committee Endorses Sotomayor; Just One Republican Sides With Democrats in Backing the Supreme Court Nominee.” In addition, Wednesday’s installment of Dana Milbank’s “Washington Sketch” column will carry the headline “Plenty of Static on the Party Line About Sotomayor.” And today’s newspaper contains an editorial entitled “Target: Sonia Sotomayor; The NRA’s cheap shot against the Supreme Court nominee.”

Wednesday in The Los Angeles Times, David G. Savage and Mark Silva will have an article headlined “Sonia Sotomayor wins backing of Senate committee; The Senate Judiciary Committee mostly sticks to party lines in a 13-6 vote; The full Senate is expected to confirm the appointment next week.” And in today’s newspaper, David G. Savage has an article headlined “Panel vote on Sotomayor likely to reflect divide; Obama’s Supreme Court pick is expected be approved by a Senate committee on a near-party line vote; Lawmakers once showed deference to presidents’ choices, but now ‘it’s a new ballgame,’ says one.”

Wednesday in The Wall Street Journal, Jess Bravin will have an article headlined “Sotomayor Moves Closer to High Court.”

Warren Richey of The Christian Science Monitor reports that “Sotomayor gets committee nod for Supreme Court seat; But the Senate panel vote is nearly party-line, with just one Republican approving her nomination.”

The Associated Press has reports headlined “Judiciary Committee OKs Sotomayor for high court“; “Texas’ Hutchison voting against Sotomayor“; and “La. Sen. Vitter says he’ll vote against Sotomayor.”

And The Houston Chronicle has a news update headlined “Hutchison will vote ‘nay’ on Sotomayor.”

Posted at 11:20 PM by Howard Bashman



“Pay to Sue on the Docket: The trial bar on trial in Pennsylvania.” Wednesday’s edition of The Wall Street Journal will contain an editorial that begins, “Good news: The Pennsylvania Supreme Court has agreed to hear an unusual but important legal challenge in a case involving Governor Ed Rendell’s hiring of a contingency fee law firm to sue a drug manufacturer on behalf of the state.”

Posted at 10:23 PM by Howard Bashman



“Obama will close Gitmo on time, officials say; The administration also tells Congress Tuesday that it will decide the status of all 229 detainees by Oct. 1”: Warren Richey of The Christian Science Monitor has this report.

And Carol Rosenberg of The Miami Herald has a news update headlined “Young Afghan in Camp Iguana, playing Wii.”

Posted at 10:01 PM by Howard Bashman



“Radio host denies threatening federal judges”: The Chicago Tribune has a news update that begins, “An Internet radio host pleaded not guilty today to threatening to kill three federal appellate judges in Chicago and then sought his release from custody, saying he has been an informant for the FBI.”

And The Associated Press reports that “N.J. blogger pleads not guilty to threatening judges, claims to be past FBI informant.”

Today’s bond hearing occurred before U.S. Magistrate Judge Martin C. Ashman of the Northern District of Illinois.

Posted at 9:03 PM by Howard Bashman



“Federal Judge Evans will move to senior status”: The Milwaukee Journal Sentinel has a news update that begins, “Federal Appeals Court Judge Terence Evans has notified President Barack Obama that he will move into semi-retirement Jan. 7 – the 30-year anniversary of when he first took the federal bench.”

Posted at 8:44 PM by Howard Bashman



Programming note: For much of today, I’ll be at the offices of trial counsel in a case that’s likely soon to be headed for appeal involving a client of mine. Additional posts will appear here later today.

Posted at 7:55 AM by Howard Bashman